Legal Question in Wills and Trusts in California
My brother used undue influence with regards to getting our mom to execute a trust amendment solely in his favor giving himself about 95% of the assets and inserting a clause that she cannot change her Trust without his consent. I'm confident I can prove undue influence and self-dealing in court. If the court rules against him, does anything happen to him except for the amendment being nullified? The original Trust had him as 50% beneficiary. If the court rules against him on the amendment, would he then get 50% based on the original Trust? My mom is still alive.
Asked on 4/20/10, 8:29 am
1 Answer from Attorneys
John D. Williams
Law Offices of John D. Williams
If you mom is still competent talk to her about it to make it right. That would be my first step and the easiest.
Answered on 5/02/10, 1:11 pm
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